Nearly eight years have passed since the Cowlitz Tribe first applied to put land at the La Center-Interstate 5 interchange into trust—and the federal government still has not made a decision. Here’s a quick year-end update.
Cowlitz trust application in limbo
A February 2009 U.S. Supreme Court decision (Carcieri v. Salazar) continues to cloud the future of the proposed Cowlitz casino. The ruling bars the Secretary of the Interior from taking land into trust for any tribe not under federal jurisdiction in 1934, when the Indian Reorganization Act was signed into law.
Since the Cowlitz Tribe was not acknowledged by the federal government until 2002, it appears it may not have land taken into trust until an administrative or legislative fix is found.
Both houses of Congress have introduced Carcieri-related legislation, but it does not appear to be going anywhere fast. Administratively, the Department of the Interior has not responded to a request for a list of tribes affected by the Carcieri decision, and dozens of tribes remain in limbo with unanswered trust land applications.
Off-reservation policy under review
The Obama Administration has announced that it is reviewing policies for off-reservation gaming applications. The Cowlitz application is considered off-reservation.
Bush Administration policies restricted tribes from developing off-reservation casinos that were not within a reasonable commuting distance of the reservation. Also, as the distance between a tribe’s reservation and its proposed trust land acquisition increased, so did the weight federal decision-makers gave to concerns of state and local governments.
The Cowlitz Tribe has no reservation, so it is difficult to say how a possible loosening of Bush Administration policies would affect the Cowlitz application. However, several federal determinations—and an earlier Cowlitz claim—have stated that the Tribe’s geographical, historical and cultural nexus is along the Cowlitz River, well to the north of the proposed casino site.
Tribal housing opens in Toledo
The Cowlitz Tribe hosted a ribbon-cutting ceremony earlier this week at its newly renovated senior housing project in Toledo, Wash., next to the historic Cowlitz Mission and cemetery. Toledo is about 60 miles north of Vancouver in the heart of the Tribe’s aboriginal homeland. CARS has long argued that this is where any tribal casino should be located as well.
The $5 million project turned the nuns’ quarters and classroom annex of the old St. Mary’s school into apartments for low-income seniors. According to an article in The (Longview) Daily News, only 10 or 12 Tribe members have signed up to move into the facility’s 32 units.
An April TDN article credited the Cowlitz Tribe with “starting a building boom in southern Lewis County” and said the Tribe was planning to build 30 single-family homes in Toledo as well.
The projects are funded with federal housing grants and economic stimulus money.
Casino developer injured
Seattle-based Cowlitz casino developer David Barnett, son of the late Cowlitz Tribe Chairman John Barnett, was seriously injured in a single-vehicle accident near his Shoreline home last month.
Barnett was apparently thrown from the bed of a pickup truck driven by his girlfriend. The King County Sheriff’s Office was investigating the incident as a possible case of vehicular assault.
